Jurisdiction clause

Jurisdiction clause does not offend against any substantive rule of law and purpose of such clause is strictly limited, it is only to select

Contracting parties are permitted to choose from amongst two or more courts that otherwise possess jurisdiction (and can never be divested of it by their agreement), the forum where any dispute is to be brought

What a court gives effect to is not some substantive rule of law, it simply honours sanctity of contract by enforcing a contractual term.

Defendant raised objection to jurisdiction of court on the plea that according to contract between the parties courts at place "I" had exclusive jurisdiction to try the matter

Validity

By filing suit in court at place "K", plaintiffs prima facie breached the agreement in respect of jurisdiction clause

In terms of S.16 of Specific Relief Act, 1877, such part of the court could and ought to be specifically enforced

Plaintiffs failed to establish that defendant was not entitled to such relief, whether in terms of S.22 of Specific Relief Act, 1877, or otherwise

Proper manner of granting remedy was not by way of directing that plaint be returned but by transmitting the suit to Court at place "I"

High Court directed that interim order passed in favour of plaintiff would continue to hold the field and application was deemed to be pending

High Court directed the office to immediately transmit the suit with entire record and proceedings to court at place "I"

Objection was allowed accordingly.